Allowed

M/S Ushodaya Granites, v. The State of Andhra Pradesh

Andhra Pradesh HC1 Mar 2021WP/4928/2021

Case brief

AI extract

What is this about?

Petitioner challenged a non-speaking revision order dated 20.11.2019 under Article 226, contending lack of reasons and absence of personal hearing. Relying on a previous order in WP No.12949 of 2020, the court set aside the order, remitted it for a hearing, and stayed coercive action.

What did the court decide?

Impugned order dated 20.11.2019 set aside and remitted for appropriate orders after hearing; coercive action stayed pending revision.

M/S Ushodaya Granites, Vs The… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE D.RAMESH

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WRIT PETITION NO.4928 of 2021

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ORDER :

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This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

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“to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in dismissing/passing of non speaking orders in the revision in Memo No.525/M.I(1)/2019-4, dated 20.11.2019, inconsonance with the demand notice No.2393 (94)(191)/V&E/OGL/2016-17, dated 28.02.2017 issued by the 4^th respondent without considering the case of the petitioner nor giving any opportunity of personal hearing as well as without considering the evidence produced by her, as illegal and arbitrary and consequentially stay of operation of the said memo...”

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Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology appearing for the respondents.

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Learned counsel for petitioner states that the subject matter of the writ petition is squarely covered by the order dated 31.07.2020 passed in W.P.No.12949 of 2020 by this Court.

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Learned Government Pleader did not refute the said submission.

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Considering the submissions made by the learned counsel for petitioner it is evident that the impugned proceedings are contrary to the settled law, where an authority makes an order in exercise of quasi-judicial function, it must record its reasons in support of the order it makes. Every quasi-judicial order must be

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supported by reasons. But in the instant case, the impugned order is passed without giving any findings except extracting the grounds raised by the petitioner and the report submitted by the administrative authorities. Hence, having regard to the facts and circumstances of the case and considering the submissions, the impugned order dated 20.11.2019 is set aside and the matter is remitted back to the 2^nd respondent for passing appropriate orders after giving due opportunity of hearing to the petitioner. Pending consideration of the revision by the 2^nd respondent, no coercive action shall be taken against the petitioner for remitting the amounts pursuant to the demand notice No.2393 (94)(191)/V&E/OGL/2016-17, dated 28.02.2017 of the respondent No.4.

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Accordingly, this Writ Petition is allowed in terms of the order dated 31.07.2020 passed in WP No.12949 of 2020 by this Court. No costs. Registry to attach a copy of the order in W.P.No.12949 of 2020 to this order.

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Consequently, miscellaneous petitions pending, if any, shall stand closed.

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_______________ JUSTICE D.RAMESH

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Date : 01.03.2021 SPP

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THE HON’BLE SRI JUSTICE D.RAMESH

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Writ Petition No.4928 of 2021

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Date : 01.03.2021

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SPP

M/S Ushodaya Granites, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S Ushodaya Granites, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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